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Auckland TR 22 March 2023 – R3 – Pam Gerard

ID: RIB17662

Respondent(s):
M Moroney and P Gerard - Trainer

Applicant:
Mrs Selvakumaran - Stipendiary Steward

Adjudicators:
Mr G R Jones

Persons Present:
Mrs Selvakumaran, Mrs Gerard, Mr M Godber (observer)

Information Number:
A16234

Decision Type:
Race Related Charge

Charge:
Failed to declare Rider for DRAGON BLOSSOM

Rule(s):
537(a) - Time Limit Infringement

Plea:
Admitted

Stewards Report

Results

Animal Name:
DRAGON BLOSSOM

Code:
Thoroughbred

Race Date:
22/03/2023

Race Club:
Auckland Thoroughbred Racing

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:
R3

Hearing Date:
22/03/2023

Hearing Location:
Pukekohe Park

Outcome: Proved

Penalty: M Moroney and P Gerard Training Partnership fined $150

Evidence:

Stipendiary Steward Mrs Selvakumaran filed an Information alleging Licensed Trainer, Ms Gerard failed to declare a Rider for DRAGON BLOSSOM (Race 3).

Ms Gerard endorsed the Information indicating that the charge was admitted.

Rule 537 provides that:

The Trainer or Owner or lessee (as the case may be) or the Agent of the Trainer, Owner, or lessee (as the case may be) for a horse accepted or deemed to have been accepted for a Race shall:

(a) declare to NZTR the name of the Rider of that horse by the time and date specified by NZTR for declaration of Riders for that Race.

Mrs Selvakumaran advised the Adjudicative Committee that the Rider for DRAGON BLOSSOM was not notified by the required time.

Belatedly, at 7.29 am on raceday, M Hashizume was declared as the Rider for DRAGON BLOSSOM.

In response, Ms Gerard said that due to the inclement weather and availability of a suitable Rider, she was unable to meet the declaration deadline.

Decision:

The charge is admitted; therefore, it is deemed to be proved.

Submission For Penalty:

Mrs Selvakumaran said that Rider declarations closed at 1 pm on Monday 20 March 2023. She said that this is the Training Partnership’s third breach of the Rule.  The first occurred on 22 February 2023 ($50 fine) and the second on 2 March 2023 ($100).  These were dealt with by way of Minor Infringement Notices (MINs).  The Penalty Guide provides for a third breach to be referred to an Adjudicative Committee for resolution.

Reasons For Penalty:

After consideration of the circumstances, including the admission of the breach, the Adjudicative Committee deemed that this matter can be dealt with by way of a fine.

The Adjudicative Committee is of the view that the betting public is entitled to have all available information, including Riders, well in advance of raceday. Although this type of infringement would normally be dealt with by way of a MIN fine ($50 first breach and $100 second breach), given the circumstances, a modest uplift is required.  Particularly so, given that this is the Trainer’s third breach in the past month.  Accordingly, a $150 fine is imposed.

Conclusion:

M Moroney and P Gerard Partnership was fined $150.

Decision Date: 22/03/2023

Publish Date: 23/03/2023